Court of Appeals of New York

Order upholding defendant's guilty plea and conviction is affirmed, where: 1) defendant failed to bring a motion to withdraw his plea under CPL 220.60(3) or a motion to vacate the judgment of conviction pursuant to CPL 440.10; and 2) defendant's factual recitation did not negate the intent element of the crime to which he pleaded guilty, and thus his plea does not qualify for the "rare case" exception to the preservation requirement under People v. Lopez.

Appellate Information

• Decided 11/20/2014
• Published 11/20/2014

Judges

Court

• Court of Appeals of New York

Counsel